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(영문) 수원지방법원 성남지원 2018.12.13 2018고단2400
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for nine months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 16, 2018, the Defendant driven the above vehicle at around 04:00, while driving the vehicle at around 04:00, the Defendant driven the two-lane road in front of the Korean bank located in 208, Gju City, Gwangju, at the speed of about 53km from the side of the public health clinic, along one-lane distance.

At the time, there is a new wall, and there is a crosswalk in the front section, and there is a safety zone in the yellow solid line at the place where the right-hand turn begins near the center line. In such a case, the driver of the vehicle has a duty of care to protect the vehicle line so that there is a person who gets a way to reduce the speed and to see it well, and to prevent the accident in advance by driving the vehicle safely at the restricted speed.

Nevertheless, the Defendant neglected this and did not find the stick from the left apartment side to the bank from the left apartment side of the modern apartment zone due to the negligence that intrudes down the safety zone more than about 23 km per hour while driving it, and did not find the victim D ( South, 74 years old) who was on the safety zone while driving the vehicle.

Ultimately, the Defendant caused the death of the victim due to the low-blood shock by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. Response to a request for appraisal;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of the Acts and subordinate statutes concerning photographs and field photographs by capturing a disaster image;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to attend lectures under the Criminal Act;

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